The Weekly Daf #322
Ketubot 11 - 17
Issue # 322 Parshat Metzora
Week of 5 – 11 Nissan 5760 / 10 – 16 April 2000
By Rabbi Mendel Weinbach, Dean, Ohr Somayach Institutions
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MYSTERY OF THE ABANDONED CHILD
An abandoned child is found in a city populated by Jews and Gentiles.
What is his status? A mishna in Mesechta Machshirin is cited which
rules that if Jews are the majority in that city the child is
halachically considered (except in regard to marriage) a Jew. If the
majority are Gentiles the child is considered a Gentile. If the
population is evenly split between Jews and Gentiles the child is
considered Jewish. The gemara points out that this designation of
Jewishness when there is an even amount of Jews and Gentiles in the
city is limited to a situation in which a damage claim is made against
him in which his being Jewish would be to his advantage. Since the
claim is being made to extract payment from him, the burden of proof
that he is not Jewish is upon the one making the claim.
What about his religious obligations? Must he observe all of the
mitzvot incumbent upon a Jew because he may be a Jew, or is he only
required to observe the seven Noachide Laws commanded to all of
mankind because he may not be Jewish? Although the mishna does not
specifically deal with this question there is a clear indication from
the ruling that only if there is a majority of Gentiles is he
considered non-Jewish. The ramification of this ruling, says Rabbi
Papa, is that we may feed him non-kosher food. The implication is
that in a half and half situation we cannot give him such forbidden
food because he must observe the dietary laws and all other mitzvot
because he may indeed be a Jew.
The only problem that arises is in regard to observance of the
Shabbat. While there is no problem in a non-Jew observing all other
mitzvot in which he was not commanded, there is an injunction against
him observing Shabbat (Mesechta Sanhedrin 58b). This person of
doubtful status therefore faces a dilemma. If he performs creative
labor on Shabbat he may be guilty of being a Jewish Shabbat violator.
If he desists from such activity he may be guilty of being a non-Jew
observing Shabbat.
This enigma is discussed by some commentaries in regard to how it was
possible for the Patriarchs to observe the mitzvot of the Torah before
they were commanded to their descendants. What did they do on
Shabbat? Many ingenious solutions have been proposed to this puzzle
which is a favorite subject of discussion in the world of Talmudists.
Rabbi Yaakov Ettlinger, in his "Responsa Binyan Zion" (126) suggests
that the theoretical puzzle raised by these commentaries could have
practical application in regard to the abandoned child. His own
solution is based on his understanding that the ban on a non-Jew
observing Shabbat relates only to refraining from the 39 categories of
creative labor forbidden by the Torah to Jews alone. There are enough
other forms of exertion which the abandoned child could do on Shabbat
which would not be considered a violation by a Jew and which would
still remove him from the category of a non-Jew observing Shabbat.
* Ketubot 15b
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KEITZAD MERAKDIN
"Keitzad merakdin lifnei hakallah?" "What does one sing when dancing
before the bride at a wedding?" "Kallah kemot shehi -- The bride as
she is" -- say Beit Shammai. "Kallah na'ah vechasudah -- the bride is
lovely and charming" -- say Beit Hillel.
What if she is lame or blind, Beit Shammai challenge Beit Hillel. Can
we then say that she is lovely and charming in violation of the Torah
ban on lying?
Beit Hillel's response is to compare the situation to that of how we
relate to one who has purchased something. Do we speak highly of his
purchase or criticize it? From this approach the Sages learned that
one must always strive to get along well with other people.
What is meant by Beit Shammai's formula for bringing joy to the groom
and bride? If she has a blemish does he still recommend that she be
described "the bride as she is?"
Tosefot explains that in such a case Beit Shammai suggest either
refraining from any description or focusing on her praiseworthy
features while still avoiding the general description of Beit Hillel
which smacks of untruth. Beit Hillel disdain this approach because
anything short of general praise will be interpreted as an insult.
Maharsha suggests an alternative explanation of the two views.
Beit Shammai and Beit Hillel both advocate a general description of
the bride, and differ only in regard to its text. Beit Shammai is in
favor of singing the praise of every bride with the words "the bride
as she is" which implies that no matter what shortcoming there is, she
has found favor in the eyes of her groom. Beit Hillel, however,
insist on being more explicit in stressing the idea that to her groom
"the bride is lovely and charming."
* Ketubot 17a
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Written and Compiled by Rabbi Mendel Weinbach
General Editor: Rabbi Moshe Newman
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